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Need advice about Tenants

  • 14-09-2012 9:25pm
    #1
    Dara Robinson
    Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭


    So we are having issues with Tenants. Actually they are my mothers but she is loving abroad now, like so many could not find work here and house is in negative... well you get the picture, so I am dealing with it now.

    The tenants are 2+ weeks late with rent and this has been persistent now for quite a few months (4+ months actually). I have spoken to them about it but nothing has changed, plus we got short changed one month and that has not been made up as of yet.

    We have sent a 14 day notice to pay arrears in rent by registered post but was not signed and has not been picked up. When we were originally calling this time around they were out of the country (at home in Albania) and I was told that they were late with rent cause they had been home all month but would be paid X day, now 10 days ago) as they would be back the following day (following day of our talks that time).

    I am now wondering if they have not done a runner and I want to check if that is the case but I have no idea what the procedure is. I know that notice is required but if we cant even get a registered letter to them how am I supposed to get a notice of inspection to them?

    Any help on how I get into the property without braking any rules? Is it possible to inspect property without braking any rules in this case?

    Answers to possible up coming questions: :D
    • Its an apartment
    • 1 year lease that has been signed, however I know they have changed the lease and submitted that for rent allowance without asking me as it slipped out in conversation recently (changes that I would have made if asked btw, just adding a person, no big deal)
    • Being rented as one apartment and not rooms
    • Being rented less than 6 months
    • I am legally and officially the Landlord's agent and working on their behalf
    • Cant think of anything else atm, just ask


Comments

  • #2
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    What does it say in the lease about visits/inspections to the property? Do you have a phone number for them? You need to hand deliver that notice by calling around, this will also ascertain if they have upped and gone.


  • #3
    Dara Robinson
    Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭Dara Robinson


    StillWaters wrote: »
    What does it say in the lease about visits/inspections to the property? Do you have a phone number for them? You need to hand deliver that notice by calling around, this will also ascertain if they have upped and gone.
    Says "reasonable notice"... Direct quote "subject to reasonable notice and by prior appointment"
    Yes and they are not replying or answering
    I thought of that but how do I know they are not just in there and not answering the door... without actually opening the door and hence my dilemma and thread :)


  • #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    It would probably be best to start from scratch again.

    Issue a valid 14 days notice of rent arrears (sample with notes on the PRTB website). Put it through the letterbox of the apartment yourself and have a witness that you are doing so.

    Wait 14 days. If rent is not paid, issue a valid Notice of Termination and again put it through the letterbox yourself. Wait the required 28 days.

    Now, the tenants should have moved out and you should have regained possession. Enter the property and ...... see what condition it is in.

    If you do not have a current address for the tenants, you will not be able to pursue a claim with the PRTB as they need an address to which they can send any claim details.

    Once a current valid Notice of Termination has been issued, you may withdraw it if tenants pay up, but you are not under any obligation to withdraw the notice if they do pay.


  • #5
    Dara Robinson
    Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭Dara Robinson


    odds_on wrote: »
    It would probably be best to start from scratch again.

    Issue a valid 14 days notice of rent arrears (sample with notes on the PRTB website). Put it through the letterbox of the apartment yourself and have a witness that you are doing so.

    Wait 14 days. If rent is not paid, issue a valid Notice of Termination and again put it through the letterbox yourself. Wait the required 28 days.

    Now, the tenants should have moved out and you should have regained possession. Enter the property and ...... see what condition it is in.

    If you do not have a current address for the tenants, you will not be able to pursue a claim with the PRTB as they need an address to which they can send any claim details.

    Once a current valid Notice of Termination has been issued, you may withdraw it if tenants pay up, but you are not under any obligation to withdraw the notice if they do pay.
    This is what I assumed and also what I feared. If this goes wrong it could cost them dearly :(


  • #6
    Gary The Gamer
    Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    They might be witholding rent because of their obligation to revenue as your mother is not tax resident. Did you tell them that you were specifically appointed as an agent and that you are responsible for paying revenue?


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  • #7
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Gary The Gamer wrote: »
    They might be witholding rent because of their obligation to revenue as your mother is not tax resident. ...

    I'm going to guess that if someone was doing that, they'll inform the agent.


  • #8
    Dara Robinson
    Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭Dara Robinson


    Gary The Gamer wrote: »
    They might be witholding rent because of their obligation to revenue as your mother is not tax resident. Did you tell them that you were specifically appointed as an agent and that you are responsible for paying revenue?
    Yes, they know. I spoke to them 10 days ago and they mentioned nothing of that. Anyhow, its the Landlords responsibility not the tenants and the tenant would be breaking lease agreements by doing that. The revenue cannot and would not expect a tenant to do that under any circumstances bar a court order


  • #9
    nibtrix
    Registered Users, Registered Users 2 Posts: 1,305 ✭✭✭nibtrix


    Dara Robinson wrote: »
    Gary The Gamer wrote: »
    They might be witholding rent because of their obligation to revenue as your mother is not tax resident. Did you tell them that you were specifically appointed as an agent and that you are responsible for paying revenue?
    Yes, they know. I spoke to them 10 days ago and they mentioned nothing of that. Anyhow, its the Landlords responsibility not the tenants and the tenant would be breaking lease agreements by doing that. The revenue cannot and would not expect a tenant to do that under any circumstances bar a court order

    If the landlord is overseas it is the tenants responsibility to withhold 20% of the rent and send it to the revenue. However, if they are paying the money to a local agent they do not need to do this, as it is assumed the local agent will be complying with the tax requirements.


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